Rosas

In consolidated petitions for writ of review, the petitioners challenge the denial of workers’ compensation benefits for a waste water treatment worker who contracted hepatitis B. We have concluded substantial evidence does not support the decision of the respondent, Workers’ Compensation Appeals Board (Board), denying reconsideration of the order denying benefits. We shall therefore annul the Board’s decision.

I

Petitioner Manuel Rosas (Rosas) filed an application for adjudication of his claim for workers’ compensation benefits on December 17, 1987, alleging he suffered injury to his back, leg and internal organs when exposed to sewage on September 4, 1987, while employed as an instrument repair technician with real party in interest, the City of Stockton (City), permissibly self-insured. Subsequently, Rosas amended his application to allege he sustained injury to his internal organs, legs, arms and multiple parts of his body from exposure to hepatitis from raw sewage during the period from September 4, 1986, to September 4, 1987. The City answered the application, denying Rosas suffered injury arising out of or in the course of his employment and denying liability for…